Arriving at an agreement on child custody when you and your partner are divorcing can be one of the most significant roadblocks you will encounter as you go through this stressful and difficult process. The two of you may have very different views about who should care for your child or children, how they should be cared for, who should make the important decisions about their care and future, and when the other parent should see them. This is why Pennsylvania has a specific procedure in place designed to make sure the important child custody issues are addressed and decided. In particular, all child custody issues – even when the divorcing couple agrees on terms – must be reviewed and approved by a judge from the Pike County Court of Common Pleas.
The LLF Law Firm Family Law Team understands the difficulties divorcing couples can face when trying to resolve child custody issues. Our experienced family law attorneys can help you negotiate a fair child custody agreement that will protect the welfare of your child or children and will be your advocate when you and your ex are unable to reach an acceptable agreement. Contact us today at 888.535.3686, or schedule a confidential consultation to discuss your Pike County custody case with one of our attorneys.
Where Are Child Custody Cases Heard in Pike County?
All family law matters – child custody, child support, and divorce – are heard at the Pike County Courthouse at 412 Broad Street in Milford by the Court of Common Pleas. Documents for any of these types of cases, including child custody cases, must be filed with the Prothonotary's office, located in the same building.
But in most cases, you won't see a judge, at least at first. Pike County requires parents involved in child custody cases to attend a “Kids First” informational program and, in most cases, an orientation program about the court's mediation process for child custody matters (except where there is a claim or history of domestic or child abuse). A meeting with the court-appointed mediator will follow, which may or may not resolve the matter. If it doesn't, the parties may then appear before a Hearing Officer – not the judge – who, after the hearing, will recommend a custody order to the judge. No custody agreement or recommendation is final until it is issued by the judge as a signed custody order.
What Are the Different Types of Child Custody?
You may have heard that there are actually two different types of child custody: Physical Custody and Legal Custody. The custody order in your case will address both types. Here's what they mean:
- Physical Custody. This covers who is responsible for the day-to-day care of the child or children. This is the person responsible for making sure they have a place to sleep that they eat properly, are dressed and ready for school get to their activities, play-dates, doctor appointments, dance lessons, little league games, and the like. It's possible for physical custody to be shared, with one parent having physical custody for one defined period of time (for example, the school year), and the other parent having physical custody for another time period (such as summer break). In other cases, only one parent will have physical custody, and the other parent will have more limited visitation rights. Where necessary, the court may order visitation to be supervised.
- Legal Custody. This covers who has the right to make important decisions about the child's care and upbringing: what religion they will practice, where they will attend school, what medical care they will receive, and similar matters. It's not unusual for both parents to share in Legal Custody, with any disputed matters being resolved by the court. It is also not unusual for one parent to have Legal Custody and the other to have Physical Custody.
What Are the Requirements to Be Able to Seek Custody of a Child in Pike County?
For a court to have the power to issue an order in a child custody case, it needs to have jurisdiction over the child. For example, a court can't generally issue a child custody order for a child who is visiting the county on a short-term basis. Usually, the child must have lived in Pike County for at least six months unless, of course, the child is a newborn or in a case where the child or their sibling (or a parent) has been abused.
To be eligible to apply for a custody order, you need to be the child's parent; in some cases, grandparents, long-term caregivers, or in extreme cases where neither parent can care for the child, a responsible person who is willing to take on the duties of a parent and who is able to demonstrate that they have a long-term interest in the child's welfare.
What Is the Procedure Used to Resolve Child Custody Cases in Pike County?
Most custody matters begin when one party files a “Complaint for Custody” with the Pike County Prothonotary's office. The complaint must also be served on the other parent. As noted above, the two parents are required to attend a “Kids First” informational program and an orientation program about the court's mediation process. After that, they will meet with a mediator, who will attempt to help the parents arrive at an agreed set of custody terms. If the mediator is successful, those terms will be presented to the judge to be issued as a signed, formal custody order.
If the parties are unable to agree after meeting with the mediator, they will appear before a Hearing Officer, who is someone assigned by the court to hear disputed child custody matters. The Hearing Office will then recommend a custody order, which, in most cases, the judge will agree to and issue.
It's very important to understand that the guiding principle used by the mediator, the Hearing Officer, and the judge when it comes to child custody matters is what is in the best interests of the child or children. What the parents may find convenient or helpful will always take a back seat to what is best for the child or children. This is where working with an experienced attorney from the LLF Law Firm Family Law Team can help tremendously. You don't want to propose child custody terms that will be rejected by the court because they aren't in your child's best interests. Our experienced attorneys will help make sure that what you're asking the court to order is something that the judge is likely to agree with as being in the best interests of your child or children.
There are two situations where the procedure described above may not be followed. When a child's health, safety, or welfare is in imminent danger, a parent or caregiver can file a “Petition for Emergency Relief” that will be heard and decided very quickly, usually within a day or so. This can result in an immediate but temporary ruling on custody that is designed to protect the child or children until such time as a formal custody hearing can be held.
In less-serious cases where the child may be in some danger, the caregiver can file a “Petition for Expedited Relief” that will be heard relatively quickly, faster than a regular Complaint for Custody will be resolved.
The LLF Law Firm Family Law Team can help you decide which petition is best for the circumstances that you and your child or children are facing. Contact us today to learn more.
What if I Disagree with the Terms of a Child Custody Order in Pike County?
In cases where you can't agree to proposed custody terms through mediation or at the hearing before the assigned Hearing Officer, you may find that there are parts of the proposed custody order submitted to the court that you disagree with. You will typically have time – usually 20 days – to file what are called “Exceptions” to that proposed order.
These exceptions shouldn't simply disagree with the terms of the proposed order. They should explain what terms you would like the judge to adopt and why those terms are in the best interests of your child or children – more so than the ones proposed by the Hearing Officer.
The judge is likely to then hold a hearing to resolve your Exceptions, because it's also likely that the other parent will either disagree with your proposed order or may have their own Exceptions to the order proposed by the Hearing Officer. After the hearing, the judge will issue a formal custody order. Whether the judge accepts your proposed custody order is completely up to the judge.
If the judge issues a final custody order that you still disagree with, you can ask the judge to reconsider it or appeal the decision to the Superior Court in Philadelphia. You have 30 days to file your appeal, though, during that time, the custody order will be in effect.
It can be difficult to effectively argue against a proposed custody order and even more difficult to appeal one that has been issued by the Pike County Court of Common Pleas. If you believe you have grounds to do so, the LLF Law Firm Family Law Team is able to prepare, file, and argue the appeal on your behalf. Our experienced attorneys are familiar with the appeal process and know the deadlines and standards that courts expect people filing appeals to meet.
What Happens if My Ex Violates the Child Custody Order in Pike County?
It can be enormously frustrating when your ex ignores the requirements of the court's custody order. Fortunately, there is a process for resolving these kinds of issues by filing a Petition for Contempt with the court. The petition will refer to the original custody order issued by the court and explain how your ex has failed to follow it. It will also ask for some sort of resolution to make sure the violation doesn't happen again; sometimes, resolution involves modifying the custody order to make a future violation more difficult.
Sometimes, you're the one being accused of violating a custody order. Returning a child later than scheduled because of unforeseeable traffic delays may not be your fault, but your ex may not care and may file a Petition for Contempt against you. This can be upsetting as well.
The LLF Law Firm Family Law Team understands how hard it can be to live with a custody order sometimes. Whether it's your ex who is ignoring the order's terms or is accusing you of doing so, we are here to represent your interests and, just as importantly, help make sure that the best interests of your child or children are served by the result. Contact us to learn more about contempt petitions in Pike County.
What if I Want to Change the Terms of a Custody Order in Pike County?
It is not at all unusual for custody orders to change over time. Children grow, their needs change, the parents' situations change, and custody orders may need to be changed to evolve with the family's situation. Courts recognize this, which is why it's possible to file a Petition for Modification of custody orders. It's a very good idea to file this kind of petition even if you and your ex agree to change the custody terms. Here's why:
A custody order is a court order. If either you or your ex violate it – even if you do so in agreement with each other – you risk being found in contempt of court. Remember, the court's primary focus when it comes to custody is what's in the best interest of your child or children. Just because you and your ex agree to modify the custody terms doesn't mean the court will agree that doing so is in the best interest of any child involved. You need to have your changes confirmed by the judge.
Second, what happens if your ex first agrees to a proposed change in custody terms but then changes their mind after a few months? Without a modified custody order, you can't force your ex to continue with the change, and in fact, you may be risking the court holding you and your ex in contempt for violating the original terms of the custody order.
That's why any changes to the custody order need to be ratified by the court and issued as a revised custody order. The LLF Law Firm Family Law Team can help you request a modification, and enforce it once it's been issued by the judge as a revised custody order.
How the LLF Law Firm Can Help You with Custody Issues in Pike County
The LLF Law Firm Family Law Team understands how the child custody process works in Pike County. Our experienced attorneys have helped parents, guardians, and caregivers secure and enforce child custody orders in courts all across Pennsylvania. Whether it's negotiating with your ex on the terms of a custody order, proposing terms to a Hearing Officer, filing Exceptions to a proposed child custody order, enforcing a custody order if your ex fails to follow it (or defending you if you're accused of violating it0; or modifying an existing custody order, the LLF Law Firm Family Law Team has the experience and understanding of Pennsylvania law and procedures to help you.
Call us today at 888.535.3686 or schedule a confidential consultation to learn more about how the LLF Law Firm Family Law Team can help you with child custody issues in Pike County.
